Allahabad High Court
Ramesh Chander Jethi vs State Of U.P. And 3 Others on 30 October, 2023
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ? Neutral Citation No. - 2023:AHC:207064-DB Court No. - 21 Case :- WRIT - C No. - 37360 of 2023 Petitioner :- Ramesh Chander Jethi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Somnath Bhattacharya,Suraj Pandey Counsel for Respondent :- C.S.C.,Kaushalendra Nath Singh Hon'ble Manoj Kumar Gupta,J.
Hon'ble Donadi Ramesh,J.
1. The instant petition has been filed for the following reliefs:
" (i) Issue a writ order or direction of mandamus directing to respondents to allot 10% compensation plot to the petitioner as per the judgment of Hon'ble Apex Court.
(ii) Issue a writ order or direction of mandamus directing the respondents to pay additional compensation @ Rs. 3 per square yard along with 15% rehabilitation bonus on the compensation already awarded."
2. Sri Kaushalendra Nath Singh, learned counsel appearing on behalf of Noida Authority points out that the petitioner was paid entire compensation on 18.10.2003 as admitted in para 4 of the writ petition. He tried to contend that the reliefs claimed in the petition are not admissible to the petitioner.
3. Learned counsel for the petitioner submits that the claim of the petitioner is covered by the judgment of Supreme Court in Ramesh Chandra Sharma & Others vs. State of U.P. & Others; 2023 SCC OnLine SC 162.
4. Sri Kaushalendra Nath Singh submits that since the petitioner has already withdrawn entire compensation and therefore he is not entitled to benefit of the said judgment. He further submits that the Authority if so directed will still consider the claim of the petitioner and pass a speaking order.
5. Accordingly without expressing any opinion on merits the petition is disposed of with liberty to the petitioner to make representation to Noida Authority alongwith true attested copy of the instant order. The representation will be decided by the Authority within eight weeks from the date of receipt of representation alongwith copy of the instant order.
(Donadi Ramesh, J.) (Manoj Kumar Gupta, J.) Order Date :- 30.10.2023 Noman